Wrongful Death Attorneys in Tulsa, Oklahoma
The death of a loved one is a huge loss that cannot be recovered. But if this tragedy happened because of someone else’s negligence or intention, it’s possible to take legal action against the person or entity responsible. It cannot bring back your loved one, but it can hold the other party accountable, as well as provide compensation for your loss.
Fatalities on the nation’s highways are common. The National Highway Traffic Safety Administration (NHTSA) puts the number of daily fatalities on our nation’s highways at 99, along with more than 7,500 persons injured in vehicular accidents, the highest rate among first-world countries.
Fatalities, of course, are not limited to roadway accidents between vehicles. Pedestrians and bicyclists are also at risk. Slips and falls on another party’s premises can result in injury and death. Even defective products can cause fatal harm. Then, of course, there is also medical malpractice.
If you have lost a loved one due to someone else’s negligence or intentional act in or around Tulsa, Oklahoma, contact a wrongful death law firm. At the Law Offices of Jeff Martin, we will take on the big insurance companies and launch a wrongful death lawsuit against the responsible party so that your loss will hold the responsible party accountable and award you compensation for your suffering and financial losses. Our wrongful death attorneys proudly represent clients throughout Eastern Oklahoma, including Muskogee, Bartlesville, and McAlester.
Why File a Wrongful Death Lawsuit?
A lawsuit cannot bring back a loved one, but it is a powerful tool to hold the responsible party accountable, and it can also result in compensation for the expenses of caring for the loved one until he or she passed away, and then the expenses for funeral, burial or other outlays related to the event. It can also serve as an example to others of what negligence or wrongful actions can lead to.
The compensation available through a lawsuit can also cover, according to Oklahoma Statutes Section 1053, loss of consortium (companionship), “mental pain and anguish suffered by the decedent,” and any financial or other support that the decedent would have provided were he or she still alive.
What Actions Are Legally Liable?
If a driver rams into someone’s vehicle, causing the driver or a passenger to lose their life, that is a prime example of a wrongful death—but there are others. For instance, what if someone in a retail establishment slips and falls due to a slippery or uneven surface, hits their head on the floor, and never recovers? That is a case of premises liability, and the establishment may be responsible.
A deliberate act, such as assault, can result in both criminal and civil legal actions. O.J. Simpson, accused of murdering his ex-wife and her friend, was acquitted in a criminal trial, but a civil action based on wrongful death was thereafter successful. Medical malpractice, through misdiagnosis or mistreatment, can also lead to wrongful death legal actions.
The Basis for Filing a Wrongful Death Lawsuit
A wrongful death lawsuit can be filed if the decedent, had he or she lived, would have been able to file a personal injury lawsuit. Most personal injury lawsuits are based on negligence. Negligence means that the other party had a duty of care toward others and their actions or failure to act resulted in harm to someone.
There are four elements of a negligence lawsuit:
- DUTY: The responsible party had a duty of care toward the plaintiff or decedent. In a traffic situation, Oklahoma laws require drivers to keep others safe from harm. Healthcare providers have an obligation to safeguard their patients, and business owners have a duty to maintain a safe public environment.
- BREACH OF DUTY: The responsible party, through action or inaction, breached their duty of care.
- CAUSATION: Their breach caused the defendant’s, or decedent’s, harm, or death.
- RESULT: Economic and non-economic damages were inflicted that should be compensated for.
Oklahoma imposes a two-year statute of limitations on filing wrongful death lawsuits. The statute starts from the date of the person’s death, which could be later than the injury that led to the person’s demise.
Who Can File a Wrongful Death Lawsuit?
In some states, family members are allowed to file a wrongful death lawsuit, but in Oklahoma, the legal action must be initiated by the decedent’s personal representative. Personal representative means the person named in the decedent’s last will and testament to become the executor of their estate.
If the person died without a will, then the court overseeing the case will appoint an executor, or personal representative, usually from among family members. Any award from the lawsuit, of course, will accrue to the family members and not just the executor.
Contact Us ASAP - Our dedicated team of experienced wrongful death attorneys are here to help you recieve the maximum compensation that you deserve. With a deep understanding of Oklahoma's laws and a commitment to advocating for our clients, we will fight tirelessly to protect your rights and secure the best possible outcome for your case. Don't delay, and let us help you reclaim your peace of mind.
FAQs
What Types Of Damages Are Recoverable In A Wrongful Death Lawsuit?
In the state of Oklahoma, there are several types of damages that can be recovered in a wrongful death personal injury case. These include economic and non-economic damages, as well as punitive damages.
Economic Damages:
Economic damages refer to financial losses that have been incurred due to the death of a loved one. They can include medical expenses, funeral costs, lost wages and benefits, and any other financial losses that can be directly linked to the death of the individual.
Non-Economic Damages:
Non-economic damages, also known as general damages, are intangible losses that cannot be easily quantified. They often include pain and suffering, loss of companionship or consortium, mental anguish, and emotional distress experienced by surviving family members.
In Oklahoma, there is no limit to the amount of non-economic damages that can be awarded in a wrongful death case.
Punitive Damages:
In some cases, punitive damages may also be awarded in a wrongful death lawsuit. These are meant to punish the defendant for their actions and deter them from similar behavior in the future. However, they are only rewarded in cases where the defendant's actions were deemed to be willful, malicious, or grossly negligent.
How Is The Value Of A Wrongful Death Claim Determined?
The value of a wrongful death claim in Oklahoma is determined by various factors, including:
- Loss of Income: If the deceased was the primary source of income for their family, the potential earning capacity can be used to calculate the loss of income.
- Age and Health of the Deceased: The age and health of the individual at the time of their death can also be considered when determining the value of the claim.
- Relationship with Survivors: The relationship between the deceased and their surviving family members can also play a role in calculating damages. For example, if the deceased was a parent, the loss of guidance and support for their children may be factored into the calculation.
- Circumstances Surrounding Death: The circumstances surrounding the death, including any willful or negligent actions by the defendant, can also affect the value of the claim.
- Expected Life Span: The estimated life span of the deceased can be considered to determine how much future income they would have earned if they had not passed away.
Factors That Could Affect The Value Of A Wrongful Death Claim
Several factors can potentially affect the value of a wrongful death claim in Oklahoma, including:
- Comparative Fault: If the deceased is found to have contributed to their own death in any way, such as through negligence or recklessness, the value of the claim may be reduced.
- Limitations on Damages: In some cases, there may be limitations on the amount of damages that can be awarded, particularly for non-economic damages.
- Time Limits for Filing: In Oklahoma, there is a two-year statute of limitations on filing a wrongful death lawsuit. If the claim is not filed within this time frame, it may be dismissed.
- Availability of Insurance Coverage: If the defendant has insurance coverage, it may affect the amount of damages that can be awarded.
- Jury Selection: The jury selected for the case can also impact the value of the claim, as their personal biases and beliefs may influence their decision on how much to award in damages.
The determination of a wrongful death claim's value in Oklahoma is a complex process that considers various factors related to the deceased and their surviving family members.
It is important to consult with an experienced personal injury attorney to ensure that all relevant factors are considered and that the claim receives the maximum compensation possible. Additionally, it is essential to file the claim within the designated time frame and be aware of any limitations or potential challenges that may arise during the legal process.
What Is The Statute Of Limitations For Filing A Wrongful Death Claim In Oklahoma?
As mentioned above, the statute of limitations for filing a wrongful death claim in Oklahoma is two years from the date of the individual's death. However, there are certain exceptions to this rule that may extend or shorten the time frame for filing a claim. For example, if the deceased was a minor at the time of their death, the statute of limitations may be extended until they reach the age of 19.
Additionally, if the defendant in the case is a government entity or employee, there may be different procedures and time limits for filing a claim. It is important to consult with an attorney who has experience handling wrongful death cases in Oklahoma to ensure that all necessary steps are taken within the appropriate time frame.
Losing a loved one due to the negligence or wrongful actions of another can be a devastating and overwhelming experience. It is important for surviving family members to understand their rights and options for seeking compensation through a wrongful death lawsuit. The statute of limitations in Oklahoma for filing such a claim is two years, but there are many factors that can affect the value and outcome of the case.
Can A Wrongful Death Claim Be Filed If The Deceased Was Partially At Fault?
Yes, it is possible to file a wrongful death claim in Oklahoma even if the deceased was partially at fault for the accident. In these cases, the damages awarded may be reduced based on the percentage of fault assigned to the deceased. For example, if the deceased is found to be 25% at fault for their own death, their surviving family members may only receive 75% of the total damages awarded.
The laws and guidelines surrounding wrongful death claims can be complex and vary from state to state. It is important to seek legal guidance from an experienced personal injury attorney in Oklahoma who can help navigate the legal process and ensure that your rights are protected.
Additionally, it may be beneficial to gather as much evidence and information as possible regarding the accident and the deceased's actions leading up to the incident to present a strong case for maximum compensation.
While it may be challenging to pursue a wrongful death claim in Oklahoma, it is possible to seek justice and receive compensation for your loved one's untimely passing.
How Does A Wrongful Death Lawsuit Differ From A Criminal Homicide Case?
A wrongful death lawsuit and a criminal homicide case are two separate legal actions with different purposes and outcomes. In Oklahoma, a wrongful death claim is filed by the surviving family members of the deceased in civil court, seeking compensation for damages incurred because of their loved one's death.
On the other hand, a criminal homicide case is pursued by the state against the person or persons responsible for the death, with the intention of prosecuting and punishing them for their actions.
In a wrongful death claim, the burden of proof is on the plaintiff (the family members) to show that the defendant's negligence or intentional actions directly caused their loved one's death. This is typically proven through evidence presented in civil court such as witness testimony, expert opinions, and documentation of the accident.
In a criminal homicide case, the burden of proof is on the prosecution to prove beyond a reasonable doubt that the defendant committed murder, manslaughter, or another crime that resulted in the death of the victim. This requires a higher standard of evidence and may involve witness testimony, forensic analysis, and other forms of evidence.
It is also important to note that a criminal homicide case may result in the defendant being sentenced to jail or prison time, while a wrongful death claim typically results in monetary compensation for the surviving family members.
What Role Do Expert Witnesses Play In A Wrongful Death Case?
Expert witnesses can play a crucial role in a wrongful death case by providing professional opinions and analysis on complex issues related to the accident and the deceased's death.
These may include medical experts, accident reconstruction specialists, financial analysts, and other professionals who can provide valuable insight into the circumstances surrounding the incident.
In Oklahoma, expert witnesses must meet certain qualifications and have relevant experience in their field to provide testimony in a wrongful death case. They can help strengthen the plaintiff's case by providing evidence and opinions that support their claims for damages.
Additionally, expert witnesses may be able to testify on behalf of the defendant, helping to refute or challenge the plaintiff's claims and potentially reduce their liability in the case. Their testimonies can also assist the jury in understanding complex information and making informed decisions about the case.
Expert witnesses can greatly impact the outcome of a wrongful death case by providing valuable expertise and assisting in determining the extent of damages to be awarded to the surviving family members. So, it is important for both the plaintiff and defendant to carefully consider which experts they choose to present in their case.
Can I Sue For Punitive Damages In A Wrongful Death Case In Oklahoma?
Yes, it is possible to seek punitive damages in a wrongful death case in Oklahoma. Unlike compensatory damages, which are intended to compensate the surviving family members for their losses and expenses related to the death of their loved one, punitive damages are meant to punish the defendant for their actions and act as a deterrent for future wrongdoing.
To seek punitive damages in a wrongful death case, the plaintiff must prove that the defendant acted with reckless disregard for others' safety or intentionally caused harm. This can be a challenging burden of proof to meet, but it is possible in certain circumstances such as cases involving drunk driving or gross negligence.
It is important to work with an experienced personal injury attorney who can help you determine if seeking punitive damages is appropriate in your case. They can also assist in gathering evidence and presenting a strong argument for why punitive damages should be awarded.
How Long Does A Wrongful Death Lawsuit Typically Take In Oklahoma?
The duration of a wrongful death lawsuit can vary depending on the specifics of each case. In general, it can take anywhere from several months to a few years to reach a resolution. Some factors that may affect the timeline include the complexity of the case, availability of evidence and witnesses, and whether there are any disputes or delays in the legal process.
It is important to note that Oklahoma has a two-year statute of limitations for filing a wrongful death claim, meaning the lawsuit must be filed within two years of the date of death. If this deadline is missed, it is likely that the court will dismiss the case and the surviving family members will be unable to seek compensation for their loss.
In addition to legal timelines, there may also be emotional and psychological factors that can impact the duration of a wrongful death case. The grieving process for losing a loved one can be difficult, and it is important to take the time to address any emotional needs while pursuing legal action.
It is best to work with an experienced personal injury attorney who can guide you through the legal process and help you understand what to expect in terms of the timeline for your case.
They can also assist in negotiating a fair settlement or representing you in court if necessary. So, it is important to be patient and trust the process as you seek justice for your loved one's death.
Who Can Be Held Liable In A Wrongful Death Personal Injury Case?
In the state of Oklahoma, there are several parties that can potentially be held liable in a wrongful death personal injury case. These may include:
- Individuals: This includes anyone who directly caused or contributed to the death of the victim through their negligent or intentional actions.
- Companies/Organizations: If the victim's death was caused by a defective product, unsafe work environment, or other factors related to a company's actions, they may be held liable for wrongful death.
- Government Entities: In certain cases, government agencies or employees may be held responsible for a person's death if their negligence or misconduct led to the incident.
- Healthcare Providers: If medical malpractice resulted in the victim's death, healthcare professionals or facilities involved may be held liable.
- Property Owners: If a person dies due to unsafe conditions on someone else's property, such as slip and fall accidents, the owner may be liable for wrongful death.
It is important to work with an experienced personal injury attorney who can determine which parties may be held responsible in your case and help you seek justice and compensation for your loss. So, it is crucial to have a strong legal team on your side as you navigate this difficult and emotional process.
There are multiple parties that can potentially be held liable in a wrongful death personal injury case in the state of Oklahoma. It is important for both the plaintiff and defendant to carefully consider their actions and choose expert witnesses wisely, as well as understand the possibility of seeking punitive damages and the timeline for a wrongful death lawsuit.
How Is Liability Determined In A Wrongful Death Personal Injury Claim?
Liability in a wrongful death personal injury claim is determined through the legal process, which involves gathering evidence, evaluating witness testimonies, and presenting arguments in court.
The burden of proof falls on the plaintiff to prove that the defendant's actions directly caused or contributed to their loved one's death. This can be done by demonstrating negligence, recklessness, or intent to harm on the part of the defendant.
In Oklahoma, comparative negligence laws may also come into play in determining liability. This means that if the victim is found to be partially at fault for their own death, any damages awarded to the surviving family members may be reduced accordingly.
For example, if a person is killed in a car accident but was not wearing a seatbelt, they may be found partially at fault for their own death and the defendant may not be held fully liable.
In cases where multiple parties may share liability, it is up to the court to determine the percentage of responsibility each party holds and allocate damages accordingly. This can be a complex process, which is why having an experienced personal injury attorney on your side is crucial in seeking a fair outcome.
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